Harassment and Sexual Misconduct

Harassment, sexual violence and sexual misconduct are addressed under Leiths Sexual Harassment Policy and Student Sexual Harassment Policy.

Harassment

Section 26 of the Equality Act 2010, defines harassment as:

‘Unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.’

Section 1 of the Protection from Harassment Act 1997, states that:

“A person must not pursue a course of conduct which amounts to harassment of another and which they know or ought to know amounts to harassment.”

Sexual Misconduct

OfS Condition E6 defines sexual misconduct as “Any unwanted or attempted unwanted conduct of a sexual nature.”

This includes, but is not limited to:

• Sexual harassment
• Sexual assault
• Rape

Consent can be described as a ‘decision to participate in a sexual act where the individual has both the freedom and capacity to make that decision. Consent cannot be assumed on the basis of a previous sexual experience or previously given consent, or from the absence of complaint.’

Everyone at Leiths, whether studying, working, or visiting, has the right to feel safe. We are dedicated to providing a safe and inclusive environment for our students, staff and visitors, and we do not tolerate any acts of violence, harassment or sexual misconduct.

Students, staff and visitors should refer to our Student Sexual Harassment Policy to familiarise themselves with our reporting policy and procedures.

Anyone who wishes to discuss a report or incident may also arrange a meeting with our Designated Safeguarding Lead (DSL) or one of our Deputy Designated Safeguarding Leads (DDSL). You may also make an anonymous report using the QR code in the Student Handbook. This anonymous report will go to our DSL.

If you have been impacted by or witnessed harassment or sexual misconduct, both students and staff can make a report the DSL or a DDSL. You can make a report anonymously via the QR code or submit a named report. Anyone reporting an incident will be contacted and offered support by our DSL, a DDSL or one of our Mental Health First Aiders.

Leiths will not make assumptions on the relative merits of a complaint. No party will be considered ‘at fault’ until a complaint has been investigated and fairly determined. The sources of support set out are also available to individuals who have been accused of misconduct. Complaints will be investigated in line with the procedures set out in the policy.

Leiths takes all allegations of harassment and sexual misconduct seriously and will investigate in line with our student disciplinary procedures which can be found in our Student Handbook.

Leiths will not make assumptions on the relative merits of a complaint. No party will be considered ‘at fault’ until a complaint has been investigated and fairly determined.

Where an allegation arises that a student’s behaviour has breached the Student Handbook, Leiths has the power to take immediate precautionary action. This is not a penalty or sanction and will not be used as evidence that a student has breached the rules.

All disciplinary procedures assume the principles of fairness, standard of proof and confidentiality.

We understand how difficult it can be to report harassment or sexual misconduct. Following a report, reporting students and victims of harassment and sexual misconduct can access tailored support from our DSL or DDSLs.

Reports will be investigated in a timely manner in line with our Student Sexual Harassment Policy.

Where an allegation is being considered by the police, the CPS or another official authority, it is likely that our consideration of an allegation will take longer than outlined in the Student Sexual Harassment Policy. At each stage in the procedure, students will be provided with information about the relevant timescales to which both they and Leiths will normally be expected to comply.

Anyone wishing to request an appeal must notify Leiths Head of People & Culture in writing within 14 days of the date of the official notification of a decision. The notice of appeal must be accompanied by a written statement that identifies precisely the grounds upon which the appeal is based and any supporting evidence.

We are committed to taking steps that will make a significant and credible difference in protecting students from harassment and sexual misconduct.

These steps include:

• the provision of training and awareness raising around harassment and sexual misconduct for all our staff and students;
• raising awareness throughout the year including during Sexual Abuse and Sexual Violence Awareness Week in February and Sexual Assault Awareness Month in April;
• proactive and reactive steps taken by our Safeguarding and Teaching team to help prevent, as well as respond to incidents of harassment and sexual misconduct;
• fortnightly meetings taking place between the DSL and two DDSL’s to raise any safeguarding concerns that may have arisen
• having robust and efficient disciplinary processes in place, including the option to implement precautionary action measures to protect students from any potential risks.

Our Student Sexual Harassment Policy contains information on what harassment, sexual misconduct and consent are, as well as providing information on how to report incidents, and how to access support.

Our school policies outline the steps that we take to ensure that students are safe when they choose to study with us:

• Student Handbook
• Student Sexual Harassment Policy
• Code of Conduct
• Anti-Bullying Policy and Procedure
• Complaints Policy
• Online Safety Policy

We are committed to keeping student data confidential and secure, in line with our Data Protection Policy, Retention Policy and the Data Protection Act 2018. All staff complete mandatory training on data protection and will not share any information regarding students with external parties without express permission from the student themselves, unless it is to protect vital interests.

Where a student has engaged with support, this information will, whenever possible, be kept confidential to all staff, except those directly involved. However, we may share information without a student’s consent in the following situations:

• If there is risk of serious harm to our students or staff
• There is a risk of a serious crime being committed
• If it is deemed that mental incapacity prevents a person from making an informed judgement

From August 2025, all staff will receive mandatory training on understanding harassment and sexual misconduct. This aims to ensure:

• that staff understand behaviour that may constitute harassment and sexual misconduct;
• that staff have the required knowledge and skills to support students who wish to make allegations or complaints about harassment or sexual misconduct;
• that staff have the required knowledge and skills to support students who have alleged or experienced incidents of harassment or sexual misconduct;
• that staff have the required knowledge and skills to support students who are the actual or alleged perpetrators of incidents of harassment or sexual misconduct.

We are currently developing our staff training in line with E6 conditions. This mandatory training will be available from the start of the 2025/26 academic year.

At Leiths, we are committed to ensuring our students understand what behaviours may constitute harassment and sexual misconduct, what consent is, how to be an active bystander, how to report incidents and that they are aware of the support available.

From August 2025 all new students on our Level 7 Advanced Certificate and PGCE in Food & Nutrition will be provided with mandatory training as part of their induction on understanding harassment and sexual misconduct. The training aims to ensure that all students have a thorough understanding of what harassment, sexual misconduct and consent are, as well as knowing how to report incidents.

We are committed to making a significant and credible difference in protecting students from any actual or potential conflict of interest or abuse of power that may result from intimate personal relationships with staff. Our Code of Conduct prohibits staff from entering into personal relationships with students for whom they have a professional responsibility (assessing, supervising, tutoring, teaching, for pastoral care or for whom they are required to provide administrative or technical support). Pre-existing relationships are exempt from this but must be declared so that any potential conflicts of interest can be considered and addressed.

Failure to declare a personal relationship may constitute a disciplinary offence and as such would result in an investigation following our investigation procedures.

In accordance with the Office for Students E6 condition on harassment and sexual misconduct, prohibiting universities from using non-disclosure agreements (NDAs) in relation to student allegations of harassment and sexual misconduct from September 2024, Leiths will not use NDAs in these circumstances.